my ex is sueing me for the IRS taking her tax refund.But we were married when the tax was owed. Anyone help me
January 30, 2009 by Tax Forum
Filed under Questions & Answers
smokeeater asked:
Can she do this. She didn’t work that year, so she lived off of my pay.
Can she do this. She didn’t work that year, so she lived off of my pay.
Judy on Sat, 31st Jan 2009 12:54 pm
She can sue – that doesn’t mean she’ll win. Pretty much anybody can sue for almost anything.
ninasgramma on Tue, 3rd Feb 2009 9:06 am
It is legal for her to sue, but it she had asked the IRS to allocate her share of the refund, she would be denied since she had no earnings. If she had no earnings, then there was no refund to allocate to her.
Your refund went to pay your debts. It’s the same as if you took your refund and then used it to pay off your debts.
I don’t think you have much to worry about and doubt she will actually be successful in this effort.
Wayne Z on Thu, 5th Feb 2009 6:14 pm
If she didn’t work, then none of the refund is technically hers.
Can she sue? Yes.
Can she win? Maybe.
Common sense says that she can not win but, last time I checked, most lawyers lacked common sense.